Removal of arrest from real estate

Current legislation provides for the possibility of seizing real estate in the course of ongoing proceedings in a criminal case. This is a common practice, it is used by courts during the investigation of crimes committed in the field of official or economic activity. By seizing property, law enforcement agencies limit the activities of a company or a certain person in the process of a pre-trial investigation. In this case, the presence of a seizure on accounts and property creates noticeable problems in conducting business or other activities, and sometimes helps to solve paperwork. Therefore, it is necessary to know when it is possible to remove the arrest from the property and understand what kind of process it is.

Seizure means temporary deprivation of the right to dispose, use or alienate any property. Cancellation of seizure of property is carried out in accordance with the legislation. However, first it is necessary to find out for what purpose the court made this decision. The current legislation of Ukraine provides for the following situations:

Evidence base. Seizure is imposed on some property in cases where there are sufficient reasons to assume its compliance with the parameters established by the Criminal Code, namely Article 98. That is, the property under consideration may well be used as evidence in the committed crime.

Special confiscation. The main feature of the property subject to seizure is that it does not belong to the accused person, as well as when there is a direct connection with the committed crime.

Confiscation, it is a conditional measure or legal punishment. In this case, the peculiarity of the seizure is the presence of sufficient grounds for the court to issue a decision for confiscation.

Seizure of certain property to guarantee the execution of a civil claim. A civil lawsuit is understood as the purpose of compensating the victim as a result of a crime committed by the accused.

The current legislation provides for a list of property that will never be seized, this should be remembered. For example, it is impossible to seize funds if they lie for the purpose provided for by the Tax Code, namely, Art. 35. This includes funds on accounts related to VAT control and payment. It is also not possible to seize funds located in a bank account belonging to an insolvent or if it is deprived of its license. You will not have to find out how to remove the seizure from property in Ukraine, when it comes to money in the accounts of an institution that is at the stage of liquidation.

In this situation, it is impossible to avoid the help of an experienced lawyer with relevant experience. During the meeting with the client, the specialist first of all analyzes the received documents and the circumstances of the case. Next, he determines whether it is possible to remove the attachment from the debtor's property. If it is possible from the point of view of current legislation and court practice, the lawyer concludes a contract with the client for further cooperation. To start work, the specialist will need the following documents:

●       The client's passport and personal identification number.

●       The court's decision to remove the arrest.

●       If there is, the decision of the executive service to close the proceedings.

In order to organize the removal of the seizure from the real estate, registration actions are carried out, that is, the lawyer transfers the documents to the state registrar or notary public. As a result, the client receives an extract on the removal of the seizure from the real estate.

If you need professional help to remove the seizure from an apartment in Ukraine or other property, contact our online service. You can download the program, which will help you get the contact details of leading lawyers. They will promptly answer all questions and help remove the arrest from the apartment, the price, the procedure in your case, as well as other details are clarified already in the process of the first consultations.